Technical Memorandum
5. PERMISSION TO PROCEED DIRECTLY TO APPLY FOR AN ENVIRONMENTAL PERMIT
5.1 The Director will permit an applicant to proceed directly for an
environmental permit if the conditions set out in section 5(9) (a) and
(b) of the Ordinance are satisfied. The environmental impact is considered
to be adequately assessed in an EIA report in the register if the project
is covered by that EIA report, the environmental impact of the project
has been demonstrated to comply with the guidelines and criteria adopted
in that report, and the mitigation measures have been defined.
5.2 For a material change to an exempted project, the Director will permit
the applicant to proceed directly to apply for an environmental permit
if the conditions laid down in section 5(10) of the Ordinance are satisfied.
If the environmental impact cannot be determined or if there are serious
doubts or uncertainties on whether the mitigation measures can reduce
the impacts to meet the criteria or guidelines, an EIA study shall be
required to particularly address such issues.
5.3 By definition, the projects listed in the Schedules of the Ordinance
have potential for causing adverse environmental impacts. Section 5(11)
of the Ordinance applies to those projects which are proved beyond doubt
that the environmental impact of the project falls well within the guidelines
and criteria laid down in this technical memorandum and the effectiveness
of the mitigation measures has been demonstrated in practice. For the
purpose of determining whether the environmental impact is likely to be
adverse, it refers to the environmental impact of the project without
mitigation measures in place. The Annexes 3 to 10 and other relevant factors
in this technical memorandum shall be used to determine whether the environmental
impact of the project is likely to be adverse. If the environmental impact
of the project requires detailed assessment to evaluate and confirm its
acceptability, the Director will require an EIA study to be undertaken
to particularly address such issues.
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